3rd Reading of Bill 24, the Alberta Bill of Rights Amendment Act

Alberta,

The 3rd Reading of Bill 24, the Alberta Bill of Rights Amendment Act, has just concluded, and I’m deeply concerned about the direction this legislation is taking.

Here’s why:

1) The "notwithstanding" clause has been expanded, not removed.

The wording has shifted from:
"demonstrably justified"

to:
"demonstrably and proportionally justified based on evidence."

While this might sound more robust, it reinforces the use of judicial tests to assess rights limitations, placing significant power in the hands of the courts.

2) The Oakes Test is being cited as justification for this language.

This confirms fears that the 40 years of precedents established under Section 1 of the Charter will likely be used as a framework for Alberta's Bill of Rights. This could mean courts will have even broader discretion to uphold limitations on rights. Instead of empowering Albertans, this legislation hands even more authority to the judiciary.

Bill 24 should be about strengthening rights protections, not entrenching mechanisms to limit them. Every Albertan deserves answers about why these changes are being rushed through without meaningful debate.

Thoughts?

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Source: https://x.com/jasonlavigneab/status/1859723248818323915